On default of any owner, lessee, or occupant of land to cut and remove such weeds or to cause the same to be cut down, as provided in § 91.22, a five-day written notice to remove such grass, weeds or other rank vegetation shall be issued by the Clerk-Treasurer of the town, and the same shall be served either by personal service or by written notice sent by first class mail (which shall be deemed to be served three days after mailing) to the owner at the address reflected in the records of the Auditor of Allen County, Indiana, and by posting the notice upon the property. If the landowner shall fail to remove such grass, weeds or rank vegetation within the time prescribed in the notice or any extension of that time granted to the landowner by the Town Council, the town may remove or cause to be removed such vegetation and the Clerk-Treasurer shall make a certified statement of the actual costs incurred by the town in such removal, together with a $50 administrative fee, which statement shall be delivered to the owner of such land in person or by first class mail as above provided. The owner shall have ten days from the service of such statement to pay the same to the Clerk-Treasurer. If the landowner fails to pay the statement within ten days of service, the costs shall become a lien upon the subject real estate and the Clerk-Treasurer shall file a certified statement of the costs incurred for the removal with the Auditor of Allen County, Indiana, for inclusion on the tax duplicate against the property upon which the work was performed, the same shall be collected as taxes are collected, and when collected, shall be deposited in the town General Fund.
(Ord. 19, passed 6-3-68; Am. Ord. 09-005, passed 8-3-09; Am. Ord. 16-012, passed 10-3-16)
Statutory reference:
For provisions regarding removal of weeds and rank vegetation, see IC 36-7-10.1-1 - 36-7-10.1-4.